UNDERSTANDING IMPROPER VACCINATION

The following two factors (list not exhaustive) determine a proper vaccination process:

1. Period between two doses

According to the Ministry of Health and Family Welfare (MoHFW), the second dose
of Covishield is to be taken between 12-16 weeks and that of Covaxin is to be taken
after 28 days since first dose
2. Vaccine types of two vaccines
It is advisable and imperative that you take the same vaccine for first and second
dose.

However, failing to subscribe to the abovementioned guidelines may lead to improper

vaccination. The following information shall assist resolve individual queries:

1. Delayed Second Shot

Dr Jacob John (virologist), Former Head, Indian Council for Medical Research has
clarified that a delay of few weeks after the prescribed period between two doses will
not impact the efficacy if the second shot is taken soon after. One shall strive to
ensure that the second dose is administered on time, but if, due to certain unavoidable
circumstances, it is delayed, one shall prioritise taking the second dose as soon as
possible.
2. Missing the Second Shot
It is imperative to note that in the event you miss the government stipulated time
period, you must take the second shot as soon as possible. Dr NK Arora (Member,
National Committee on Adverse Events Following Immunisation) says that recipients
need not repeat the vaccine schedule, in essence take two shots again, and rather take
the second shot only.
3. Catching COVID-19 before the Second Shot

One might get infected with COVID-19 after first dose before being able to take the second
one. However low might be the chances of the same, latest Health Ministry Guidelines
prescribe that in such event, one shall take the second shot to complete their vaccination
schedule 3 months after complete recovery.
FILING OF MEDICAL NEGLIGENCE WITH SPECIAL REFERENCE TO PERSON WITH

DISABILITIES

India enacted the Rights of Persons with Disabilities Act, 2016 [hereinafter ‘the Act’];
implementing its obligations under the UN Convention on the Rights of Persons with
Disabilities. This act covers 15+ disabilities. Persons with Disabilities have faced certain
additional difficulties across the country when it comes to vaccination [ CITATION Mal21 \l
16393 ]. Hon’ble Allahabad High Court in Sameer Kumar v. State of Uttar Pradesh has
observed that the physician/ doctor shall be ‘cooperative in observance and enforcement of
sanitary laws and regulations in the interest of public health’ keeping in mind the provisions
of the Act. Accordingly, the medical practitioner shall strive to protect and ensure the
enjoyment of all human rights and fundamental freedoms by persons with disabilities, and to
promote respect for their inherent dignity. If a doctor fails to fulfil certain duties he owes
towards his patients as such: duty to decide whether to undertake a case, decide the treatment
and its administration, the patient thereof can initiate the legal action of Medical Negligence
in the following ways:

1. Filing of Complaint to the State Medical Council

Firstly, a complaint shall be filed to the State Medical Council against the respective
doctors, practitioner, or any authority. The victim may file a complaint either in
consumer court or in the criminal court depending upon the nature of the negligence.
After institution of the complaint, the Consumer Court investigates the claim.
It is noteworthy that a lawsuit against a hospital will lead to a long drawn out court
battle being a very costly affair. Therefore it is advised to file a complaint against the
particular doctor or practitioner or any authority thereby.
2. Contacting a Patient-Advocate
Another remedy may be sought by contacting a Patient-Advocate which is a very
useful option in cases of medical negligence. A patient-advocate assists the victim in
getting clarity regarding any particular breach on doctor’s side and also assist them
take necessary steps to resolve the same. This makes it easier for the patient or the
victim to choose as to how he would want to proceed regarding the complaint

REFERENCES
Malhotra, N. (2021, June 4). Govt’s vaccination policy leaves Persons with Disabilities
behind: We need Census-type energy. Retrieved June 20, 2021, from The Print:
https://theprint.in/opinion/govts-vaccination-policy-leaves-persons-with-disabilities-behind-
we-need-census-type-energy/671267